EU–US Cooperation on Internal Security This book analyses the cooperation between the European Union and the United States on internal security and counter-t errorism since the 9/11 terrorist attacks. In particular, four areas of cooperation are examined: customs and supply chain security; judicial cooperation (the mutual legal assistance and extradition agreements); law enforcement cooperation (the Europol–US agreements); and the EU–US agreements for the sharing of air passengers’ data (PNR agree- ments). These cases are analysed through a conceptual framework based on the theories of international regimes, with the data being drawn from an extensive documentary analysis of media sources collected through the ‘Nexis’ database, official documents, and from 13 semi-s tructured elite interviews with US and EU officials. The book argues that the EU and the US have established a trans- atlantic internal security regime based on shared principles, norms, rules, and interests. While at the beginning of this process the EU had a more reactive and passive stance at the later stages both the EU and the US were active in shaping the transatlantic political agenda and negotiations. The book demonstrates how the EU has had a much more proactive role in its relations with the US than has often been assumed in the current literature. This book will be of much interest to students of EU policy, foreign policy, international security and IR in general. Dimitrios Anagnostakis is a researcher on international security, terrorism, the European Union, and transatlantic relations. He is a Teaching Fellow at Liver- pool Hope University, UK. Routledge Studies in European Security and Strategy Series Editors: Sven Biscop Egmont Royal Institute for International Relations, Belgium and Richard Whitman University of Kent, UK The aim of this series is to bring together the key experts on European security from the academic and policy worlds, and assess the state of play of the EU as an international security actor. The series explores the EU, and its member states, security policy and practices in a changing global and regional context. While the focus is on the politico-m ilitary dimension, security is put in the context of the holistic approach advocated by the EU. Tactical Nuclear Weapons and The European Defence Agency Euro- Atlantic Security Arming Europe The future of NATO Edited by Nikolaos Karampekios and Edited by Paolo Foradori Iraklis Oikonomou The EU and Military Operations EU Security Policy and Crisis A comparative analysis Management Katarina Engberg A quest for coherence Nicole Koenig The EU and Effective Multilateralism The EU, Strategy and Security Internal and external reform practices Policy Edited by Edith Drieskens and Regional and strategic challenges Louise van Schaik Edited by Laura Chappell, Jocelyn Mawdsley and Petar Petrov EU Foreign Policy and Crisis Management Operations EU–US Cooperation on Internal Power, purpose and domestic politics Security Benjamin Pohl Building a transatlantic regime Dimitrios Anagnostakis EU Foreign Policy, Transitional Justice and Mediation Principle, policy and practice Laura Davis EU–US Cooperation on Internal Security Building a transatlantic regime Dimitrios Anagnostakis RO Routledge UTLEDG Taylor & Francis Group E LONDON AND NEW YORK First published 2017 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2017 Dimitrios Anagnostakis The right of Dimitrios Anagnostakis to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-i n-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging- in-Publication Data Names: Anagnostakis, Dimitrios, author. Title: EU–US cooperation on internal security : building a transatlantic regime / Dimitrios Anagnostakis. Other titles: European Union–United States cooperation on internal security Description: Abingdon, Oxon ; New York, NY : Routledge, 2017. | Series Routledge studies in European security and strategy | Includes bibliographical references and index. Identifiers: LCCN 2016038438| ISBN 9781138690165 (hardback : alk. paper) | ISBN 9781315520179 (ebook) Subjects: LCSH: Internal security–European Union countries. | Internal security–United States. | Security, International–International cooperation. | Terrorism–Prevention–International cooperation. | Judicial assistance– International cooperation. | Law enforcement–International cooperation. | Airlines–Passenger lists–International cooperation. | European Union countries–Foreign relations–United States. | United States–Foreign relations–European Union countries. Classification: LCC HV8194.A2 A63 2017 | DDC 363.32094–dc23 LC record available at https://lccn.loc.gov/2016038438 ISBN: 978-1-138-69016-5 (hbk) ISBN: 978-1-315-52017-9 (ebk) Typeset in Times New Roman by Wearset Ltd, Boldon, Tyne and Wear To my parents Maria and Nikos Taylor & Francis Taylor & Francis Group http://taylorandfrancis.com Contents Acknowledgements viii List of abbreviations ix Introduction 1 1 Theories of international regimes 21 2 Customs security cooperation between the European Union and the United States 44 3 Judicial cooperation between the European Union and the United States: the mutual legal assistance and extradition agreements 67 4 Transatlantic law enforcement cooperation: the agreements between Europol and the United States 90 5 The passenger name record agreements between the European Union and the United States 115 Conclusion 148 Index 165 Acknowledgements I would like first to thank my PhD supervisor Wyn Rees for his help and guid- ance during the duration of my doctoral studies. His encouragement, patience, and support were immensely helpful. My thanks also go to Alex Danchev, Rory Cormac, Sarah Léonard, and David Gill for their insightful comments and sug- gestions on the manuscript. They bear no responsibility for any shortcomings in this book. My thanks are owed to the Alexander S. Onassis Public Benefit Foundation, which provided generous financial assistance for the completion of this project. This research would have been impossible to carry out without the Foundation’s help and support. I would like to thank the officials from the European Union and the United States who shared their knowledge and information with me. Their practitioner perspective is crucial for this book. Although they are not named here, I am grateful for their kindness. Thanks are also due to Andrew Humphrys and Hannah Ferguson at Routledge for their help in organising the reviews and in addressing various issues related to the publication process. I would also like to thank the anonymous reviewers of this book for their useful comments and constructive criticism. My thanks also go to all my friends and colleagues in the UK, Greece, and Turkey who contributed to a friendly environment. I owe special thanks to Melis for her support and patience. Her encourage- ment and our shared moments kept me motivated for the duration of this project. Finally, I would like to thank my parents Maria and Nikos for their ceaseless support and sacrifices. I would not have been able to get this far without them. This book is dedicated to them. Abbreviations AEO Authorised Economic Operator API Advance Passenger Information APIS Advance Passenger Information System CAPS Computer- Assisted Aviation Pre- screening System CBP Customs and Border Protection Unit CRS Computer Reservation Systems CSI Container Security Initiative C- TPAT Customs- Trade Partnership Against Terrorism DHS Department of Homeland Security EAW European Arrest Warrant EC European Community EU European Union FAA Federal Aviation Administration FBI Federal Bureau of Investigation JHA Justice and Home Affairs JSB Joint Supervisory Body MLA Mutual Legal Assistance NTA New Transatlantic Agenda PNR Passenger Name Records TFTP Terrorist Finance Tracking Programme US United States WCO World Customs Organization